Table of contentsClick link to navigate to the desired location
This content has been automatically translated from Ukrainian.
Imagine the situation: there is a house, but it is not clear where your yard ends and the neighbor's yard begins. This was the case with the Ukrainian land. Some plots located within the villages formally belonged to the state. This created confusion, made management difficult and prevented communities from effectively managing their resources. Delimitation of — is a process that puts «fences on this area, clearly defining who is responsible and what. This is the key to transparency.
Legal basis
The main criteria by which state and communal land is distinguished are enshrined in Land Code of Ukraine and other legislative acts. The key difference lies in the body responsible for their management and disposal.
Definition of concepts
- State-owned lands — it is like a «common treasury» of the whole country. They are managed by the government. These are large forest areas, national reserves, lands under defense or energy facilities of national importance.
- Communal property lands — this is a «shared yard» community. They are managed by the local authorities. These are streets, squares, parks, and lands under schools, hospitals, and other social facilities that serve local residents.
The main criteria for demarcation
How does this division happen? We are guided by three main criteria.
First — destination. If land is needed for the needs of the entire country (for example, for national security), it remains in state ownership. If for the needs of the community, it is transferred to communal ownership.
Second — location. General principle: land within a settlement belongs to the community, and outside — to the state, unless there is a special transfer decision.
Third — entity of management. We determine who can best dispose of this land — central government or local community.
Delimitation procedure
1) Inventory:First, experts do a «audit» of the land, measure each plot and enter it in the catalog.
2) Documentation development:A detailed plan is created, where the map clearly shows where the state land ends and the communal land begins.
3) Approval:The local council votes and officially approves these boundaries.
4) Registration:Information on new boundaries is entered in state registers. Now it is an official document that has legal force.
Advantages of demarcation
Why is this process so important?
For the community, this means the full right to dispose of their land. The community can rent it out or sell it, and the funds from this go directly to the local budget. This is financial independence. It is also beneficial for the state, as it allows optimizing the management of resources and clearly demarcating powers. Transparency is emerging and is attracting investors.
Main problems
The process is expensive and can take years due to the need to prepare documentation and bureaucratic obstacles.
Legislative conflicts and the absence of clear boundaries can lead to conflicts between communities and the state. This creates «gray zones» for corruption.
This post doesn't have any additions from the author yet.
